Bayer To Fire 12,000 – One Of Every Ten Workers – After Monsanto Legal Troubles

German pharmaceuticals and chemicals giant, Bayer, announced plans to cut 12,000 out of 118,200 jobs worldwide, or roughly 1 in 10 jobs, in hopes of cutting costs and regaining investor favor after a series of legal setbacks over its purchase of Monsanto earlier this year.

As the FT reports, the proposed reorganization include a plan to exit the market for animal health products, as well the company’s Coppertone sun care and Dr. Scholl’s foot care product lines; Bayer also plans to sell the group’s 60% stake in service provider Currenta.

“Including the synergies expected from the acquisition of Monsanto, Bayer anticipates annual contributions of €2.6bn from 2022 on as a result of its planned efficiency and structural measures,” the group said in a statement.

Werner Baumann, the Bayer chief executive, said: “With these measures, we are positioning Bayer optimally for the future as a life sciences company.”

The group’s shares have tumbled in recent months, after a California court awarded $289MM in damages to a school groundskeeper with terminal cancer.

The jury found that the man’s sickness was the direct result of his exposure to the infamous weedkiller manufactured by Monsanto. The sum has since been reduced by a higher court, but analysts and investors worry that the avalanche of follow-up cases will be costly for Bayer all the same.

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Twitter Shares Plunge After Fake Putin Purge

It is unclear what the catalyst for the sudden plunged in Twitter shares – down over 6% since the open – but some have suggested concerns at a reinvigorated crackdown on accounts after a Putin-impersonating account with a million followers was deleted…

As AP reports, an unverified bogus Twitter account claiming to belong to Russian President Vladimir Putin has been suspended after going undetected for six years.

The account, @putinRF_eng, managed to attract more than one million followers and was mentioned in tweets sent by several high profile names, including former Italian prime minister Silvio Berlusconi, Kosovo President Hashim Thaci, and former Argentina president Cristina Fernandez de Kirchner.

“We suspended @putinRF_eng for impersonation based on a valid report we received from Russian officials,” Twitter announced.

Earlier this year, the Kremlin confirmed to the Press Association that the account in question was not run by Mr Putin nor managed by a member of his team.

Is this why the stock is plunging?

Additionally, we note that Fox News has boycotted the service for three weeks now.

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Pending Home Sales Plunge To Weakest Since 2014

Hope was high for a rebound (after new-home-sales slumped), but that was dashed as pending home sales plunged 2.6% MoM in October (well below the expected 0.5% MoM bounce).

Additionally, Pending Home Sales fell 4.6% YoY – the 10th consecutive month of annual declines…

 

This is the weakest pending home sales since June 2014…

As Bloomberg notes, the results underscore the challenges as elevated prices and rising mortgage rates are keeping more Americans on the sidelines of the housing market. Economists consider pending-home sales a leading indicator because they track contract signings; purchases of existing homes are tabulated when a deal closes, typically a month or two later.

The recent rise in mortgage rates has “reduced the pool of eligible homebuyers,” Lawrence Yun, NAR’s chief economist, said in a statement. 

While the job market looks strong, making long-term prospects look solid, “we just have to get through this short-term period of uncertainty.”

Pending sales fell in three of four regions, led by a an 8.9 percent slump in the West as the Midwest and South also declined. Signings in the Northeast rose 0.7 percent.

Finally, and most problematically, economists consider pending-home sales a leading indicator because they track contract signings; purchases of existing homes are tabulated when a deal closes, typically a month or two later.

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As The Tide Goes Out, UTX Faces Reality – Will Other Companies Follow Suit Before It’s Too Late?

Authored by Michael Lebowitz via RealInvestmentAdvice.com,

On November 27, 2018, the CFO from United Technologies (UTX) stated that his company will focus on deleveraging and not stock buybacks. This announcement comes as General Electric (GE) is struggling mightily to retain investment grade status and its stock is nearing levels last seen during the depths of the financial crisis. While there is much to attribute to GE’s decline, massive stock buybacks in 2016 and 2017 are largely to blame.

To wit: The root problem at GE – and why the stock is where it is – is poor capital allocation,” said RBC Capital Markets analyst Deane Dray.

Corporate debt now stands at record levels versus GDP as shown below. While the debt has been used to fund expansion and R&D it has also been used to fund record numbers of share buybacks. The pitfalls of such a strategy are now encroaching upon GE’s ability to survive. We suspect that UTX is the first of many companies to acknowledge this realization.

In February of 2016 we wrote an article on Conoco Phillips (COP). The missive, which is one of six articles we have written criticizing stock buybacks, describes how COP was forced to cut a reliable dividend and capital expenditures as they were strapped for cash. The price of oil at the time was hurting cash-flows. Unfortunately COP, like GE, had previously bought back a significant number of shares which greatly reduced their liquidity status when it was needed most.

While the article is nearly three years old we think it is every bit as important today as it was then. It exemplifies how precarious a company’s ability to survive financial weakness and/or an economic downturn is when capital is squandered in efforts to temporarily boost share prices. This story is likely to become a common theme for the next few years especially if, as we suspect, economic growth declines and stocks prices fall.

*  *  *

As the Tide Goes Out, Effects of Buybacks are Exposed  :  The ConocoPhillips Poster Child

 “The words of men may temporarily suspend but they do not alter the laws of financial dynamics. The fundamentals always take precedence eventually”- 720 Global 11/30/2015

The quote above was from an article we wrote that scrutinized stock buybacks and the unforeseen impacts they may have. In that piece as well as an earlier missive, “Corporate Buybacks; Connecting Dots to the F-word”, we rebuked the short-termism stock buyback fad. Both articles made the case that corporate executives, through buybacks, promote higher short-term stock prices that serve largely only to benefit their own compensation. The costs of these actions are felt later as the future growth for the respective companies, employees and entire economy are robbed.

This case study details how the “the laws of financial dynamics” have caught up with ConocoPhillips (COP) and demonstrates how shareholders are suffering while executives prosper.

COP

On February 4th, 2016 COP, in reaction to their fourth quarter earnings release, slashed its quarterly dividend from $0.74 to $0.25 per share, a level not seen since March 2005. COP also lowered its current year capital expenditure (capex) budget by $1.31 billion, marking the second reduction in as many months. The actions are a direct response to the plummeting price of oil and the damage it is having on COP’s bottom line. The company’s net loss for the fourth quarter 2015 was $3.50 billion or $0.90 per share.

While the losses and expense cuts are not shocking given the severe decline in oil prices, the dividend cut was a jolt to many investors. COP has consistently paid a dividend, as shown below, since 1990. During that 25 year period the dividend was increased 19 times but COP had never decreased it, until now. Even during the financial crisis of 2008/09, COP raised its dividend despite the price of crude oil dropping $100 per barrel.

Maybe the biggest cause for the shock is not the steadfastness of their prior dividend policy, but official corporate presentations.  On the first page of their 2016 Operating Plan (Analyst & Investor Update – December 10, 2015) they make the following statements: “Dividend is highest priority use of cash” and “DIVIDEND Remains Top Priority”. The statements are repeated in the summary on the final page. The cover of their most recent annual report has a word cloud diagram with “dividend” shown among other key corporate values.

What Could Have Been

The dividend and capex reductions are prudent measures undertaken by management to help manage corporate assets and bolster their financial conditions during an historic swoon in revenue. This article does not question those actions, it instead asks if such drastic measures would be necessary had management not spent enormous sums of capital on stock buybacks in the preceding years.

Since 2011, COP repurchased 251.316 million shares representing roughly 20% of their shares outstanding, at an approximate cost of $14.168 billion. The majority of these purchases occurred between 2011 and 2012 when the stock traded between $48 and $58 per share.  Today the stock trades at $32 per share, matching prices last seen 12 years ago.  The graph below charts the share price of COP with an overlay of the share repurchases by quarter.

Now let us contemplate what COP’s current financial situation might look like had management and the board of directors not engaged in repurchases. First of all, COP would still have the $14.168 billion spent on buybacks since 2011, which could be used to support the $0.74 per share dividend for almost 5 years.   More importantly, the company could be in the envious position of employing the capital to buy assets that are being liquidated by other companies at cents on the dollar.  Shareholders are suffering in many ways from the abuses of management in years past and will continue to do so for years to come.

The Rich Get Richer…

Fortunately for James Mulva, COP’s CEO during the 2011/2012 stock buyback era, his overly generous compensation is beyond COP’s ability to reclaim. Mr. Mulva retired in June of 2012 after repurchasing approximately 20% of the company’s outstanding shares. Upon retirement he received a $260 million golden parachute from the company. That was on top of $141 million in total compensation he received in 2011.

The board of directors and shareholders must have been enamored with Mulva’s performance despite poor earnings trends in his final 2 years.  From 2011 to 2012 the company earnings per share fell 25% from $8.97/share to $6.72/share. Had the board factored in the effect of buybacks on earnings per share when determining Mr. Mulva’s compensation, they would have realized that earnings per share were actually 40% lower at $5.37 per share.

We provide the following snippets on James Mulva to better gauge the potential motivations behind the tremendous buyback program.

Summary

While the financial media cheers buybacks and the SEC, the enabler of such abuse idly watches, we continue to harp on the topic. It is vital, not only for investors but the public at-large, to understand the tremendous harm already caused by buybacks and the potential for further harm down the road. Unfortunately, COP is not an isolated case. Hess Oil, for instance, just sold 25 million shares at $39 per share to improve their capital position. Sadly for Hess shareholders, many of whom likely supported buybacks, this shareholder dilution was unnecessary had Hess not bought nearly 63 million shares at a price of nearly $60 per share in the 3 years prior. Money that could have been spent spurring future growth for the benefit of investors was instead wasted only benefitting senior executives paid on the basis of fallacious earnings-per-share.  

As stock prices fall, companies that performed un-economic buybacks are now finding themselves with financial losses on their hands, more debt on their balance sheets, and fewer opportunities to grow in the future. Equally disturbing, many CEO’s like James Mulva, who sanctioned buybacks, are much wealthier and unaccountable for their actions.

This article may be best summed up with the closing to our first article on buybacks.

Fraud – frôd/ noun:

wrongful or criminal deception intended to result in financial or personal gain.

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The US Is Spending $1.5 Billion On Debt Interest Every Day

Several weeks ago, when looking at the US budget data for the recently concluded (Sept 30) Fiscal 2018, we noted that the most troubling observation in the latest data (besides the growing deficit, rising spending and shrinking tax revenues) was that the government paid $523 billion in total interest in fiscal 2018, the highest on record.

Alas, this is just the start, because to fund the fiscal stimulus that has already been enacted, US deficit spending is only set to soar higher, with the resulting interest expense rising above $600 billion in 2019.

But the truly scary nature of this number is in the context of all other G-7 nations: as the following chart from Deutsche Bank’s Torsten Slok reveals, spending on interest expense in the US is now just about $1.5 billion per day, which at current interest rates is orders of magnitude higher than what all other G-7 developed nations spend on interest.

That too is just the start: as Slok notes, “US government last year on average paid $1.5bn each day in interest payments, and this is rising toward $2bn per day over the coming years.

And that’s with rates still relatively low due to the maturity schedule of US debt, which however is only set to rise as existing debt issued over the past decade during record low rates matures and is replaced with debt yielding far more.

How long before this becomes the most politically sensitive economic topic, and how long before the president threatens to fire Powell unless he, too, starts monetizing the debt?

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In Rebuke to Saudis and Trump, Senate Votes to At Least Talk About Pulling U.S. Troops From Yemen: Reason Roundup

Finally a bit of bipartisanship with merit: Senators yesterday decided to at least debate ending U.S. sponsorship of Saudi Arabia’s aggression in Yemen. With a 63–37 vote, the Senate moved to advance the resolution, which was sponsored by Sens. Bernie Sanders (I–Vt.), Mike Lee (R–Utah), and Chris Murphy (D–Conn.).

Specifically, the resolution “directs the President to remove U.S. Armed Forces from hostilities in or affectingYemen, except those engaged in operations directed at Al Qaeda, within 30 days unless: (1) the President requests and Congress authorizes a later date, or (2) a declaration of war or specific authorization for the use of the Armed Forces has been enacted.”

Yesterday’s “procedural vote sets up the beginning of a floor debate on the resolution next week,” explains the AP.

The vote stems from political anger over Saudi Crown Prince Mohammad bin Salman’s role in the killing of journalist Jamal Khashoggi, President Donald Trump’s response to Khashoggi’s death, and Trump’s derision of intelligence reports that the prince was involved, as well as ongoing Saudi aggression in Yemen and the humanitarian crisis it’s created there. (Alas, the latter seems a lower-priority offense for most in Congress.)

What form the final measure could take is unclear. Republican Sen. Bob Corker, chair of the Foreign Relations Committee, tells Roll Call he doesn’t necessarily endorse the resolution as is but wants the “ability to have a debate as it relates to our relationship with Saudi Arabia.” More from Roll Call:

If the Sanders-Lee resolution does not pass, Corker said he could see members of the Appropriations State-Foreign Operations Subcommittee adding language regarding Saudi Arabia and Khashoggi to the final fiscal 2019 foreign aid spending bill.

Another possibility is new legislation from Sen. Ron Wyden, D-Ore., that would require the Director of National Intelligence within one month to issue an unclassified report into the individuals that participated in, ordered or “were otherwise complicit in” the death of Khashoggi.

The resolution does not explicitly halt U.S. arms sales to Saudi Arabia, as folks like Sen. Rand Paul (R–Ky.) and Rep. Justin Amash (R–Mich.) have proposed, and it does not end all U.S. millitary operations in Yemen. Still, it’s something.

Of course, neither the White House nor Secretary of State Mike Pompeo were pleased.


FREE MINDS

Scapegoating Section 230. Cato Institute analyst Julian Sanchez comments on incoming Sen. Josh Hawley’s bad rhetoric around internet law:

I wrote about this here yesterday. Unfortunately, self-interested calls to weaken Section 230 are an increasingly common (and bipartisan) affair.

FREE MARKETS

Very good signs from Supreme Court on asset forfeiture case. The Court heard oral arguments Wednesday.

“The big questions before the Court are whether the Excessive Fines Clause of the Eighth Amendment is ‘incorporated’ against state governments and, if so, whether at least some state civil asset forfeitures violate the Clause,” explains lawyer and Volokh Conspiracy blogger Ilya Somin, and “if the answers to these two questions are both “yes,” the Court could also potentially address the issue of what qualifies as an ‘excessive’ fine.”After oral arguments yesterday, it’s “clear that the Court will almost certainly rule that the Excessive Fines Clause does indeed apply to the states,” Somin concluded.

“Civil asset forfeiture is such a farce that it took Supreme Court Justice Stephen Breyer only about 100 words to twist Indiana’s solicitor general into admitting that his state could have the power to seize cars over something as insubstantial as driving 5 miles per hour over the speed limit,” notes Eric Boehm. “Here’s how he set the trap”:

QUICK HITS

• Ashley Judd continues in the great Hollywood tradition of swooping into serious issues with very strong and bad opinions:

Kate D’Adamo, a sex-worker rights advocate and partner with Reframe Health and Justice, called her out, tweeting, “Congrats, ‪@AshleyJudd, on your hard work trying to make ‪#MeToo a space where those most likely to face and harm are unwelcome and unsafe. ‪#sexworkerlivesmatte‪r.”

Judd eventually responded to D’Adamo’s thread, writing, “Hi, Thanks for your perspective. I disagree. I believe body invasion is indeed inherently harmful, and cash is the proof of coercion. Buying sexual access commodifies something that is beyond the realm of capitalism and entrepreneurship: girls and women’s orfices [sic].

• In Pierce County, Washington, “Jessica Ortega repeatedly told deputies that her boyfriend threatened to kill her,” reports Reason‘s Zuri Davis. “She died following their negligence.” Now her family is accusing the Pierce County Sheriff’s Office of being “grossly negligent in their efforts to serve and enforce a domestic violence protection order on a known, violent criminal.”

• Los Angeles has finally passed a formal plan to legalize street food.

• The Reason 2018 Webathon is still ongoing—donate here!

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Michael Cohen To Plead Guilty To Lying To Congress In Mueller Probe

Four months after he pleaded guilty to campaign finance law violations, former Trump lawyer Michael Cohen is expected to cop to new  charges of lying to congressional committees investigating Trump-Russia collusion, according to ABC. The plea is part of a new deal reached with Special Counsel Robert Mueller, whose investigation was said to be winding down. Though that no longer appears to be the case.

Cohen is reportedly already at the Manhattan federal courthouse, and journalists have just been alerted to a hearing in the case “USA vs. John Doe”.

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Was Yesterday’s Rally The ‘All Clear’ Signal Or More Noise?

Authored by Bryce Coward via Knowledge Leaders Capital blog,

The equity markets no doubt experienced a powerful move yesterday on the back of Fed Chair Powell’s dovish remarks mid-day. Specifically, his comments laid the groundwork for a pause in interest rate hikes in the first quarter of 2018. It was a welcome development for an equity market that has failed to find direction all year, partly on concerns of the Fed over-tightening policy.

The net result: US stocks up 2+%, the US dollar down .5%, gold up .5%, and mild compression across the interest rate curve.

The question now becomes, is this the type of market action that will take us to new all-time highs and beyond: a Santa Claus sponsored market?

Or was this noise in an otherwise messy market environment in which investors still need to contend with the US-China trade standoff, Brexit, and slowing US and global growth?

For the reasons we highlight below and more, we think the latter.

First, breadth, even on a big up day like today, was lacking compared to other lows seen back in 2015 and 2016. The number of advancing stocks divided by declining stocks on the NYSE came in at 6.9 today, a respectable number, but not a number that signals the type of buying panic indicative of a major low. Back in 2015-2016 the NYSE advance/decline ratio approached 15 on several occasions, which was the setup for the two year run ended January 2018.

Another breadth indicator that still lacks thrust is the percent of stocks making new highs. Today only 16% of S&P 500 stocks traded to a new 20-day high (the location of the arrow in the chart below), a rather paltry number even compared to earlier in the year. Following the low in 2016 more than 50% of stocks traded to a new 20-day high.

Furthermore, credit didn’t buy the rally today. Despite stocks rallying 2+%, high yield spreads only came in 6bps. Since October they are wider by more than 100bps. We would like to see credit spreads narrow considerably with stocks moving higher.

US investment grade credit default swap rates did retreat a little today, but in the context of a widening. There is more work to do on the credit front.

All this begs the question of whether today marked a Fed policy change that will kick off a Santa Claus rally or whether we are simply rallying back into resistance before the directionless trend continues.

We suspect the outcome of major international events this week – US/China trade talks and Brexit – will be the tell more so than the Fed’s somewhat anticipated dovish policy turn.

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Jobless Claims Soar To 8-Month Highs

Initial jobless claims are up almost 10% in the last three months, spiking to 234k last week – the highest since March 2018.

 

While the levels are still extremely low (and well below the Maginot Line of 300k), the reversal in trend appears to be more than a ‘storm’ or technical shift.

That’s not supposed to happen…

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Americans’ Income & Spending Data Surges In October As Inflation Slows

After slowing in September, Americans’ personal income and spending data was expected to re-accelerate in October and they did dramatically, rising 0.5% and 0.6% MoM respectively.

This is the biggest monthly spike in 2018…

On a year over year basis, both income and spending re-accelerated, rising 4.3% and 5.0% respectively…

Wages for private workers jumped, rising 4.7% Y/Y while wages for government workers saw a 2.9% increase from the prior year.

With spending continuing to outpace income, personal savings data (revised historically) fell to 6.2% in October, lowest since Dec 2017…

Ironically, as the income and spending data jumped, The Fed’s favorite inflation indicator – Core PCE – slowed notably to +1.8% YoY…

So take your pick – Dovish Fed signals from Core PCE or hawkishg Fed signals from income/spending/savings data?

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